SANJEEV PATHAK Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 25.09.2010 passed by the Principal Judge, Family Court, Jhansi in Case No. 43 of 2009, under section 125 Cr.P.C.

(2.) BRIEF facts of the case are that the opposite party No. 2 filed a petition under section 125 Cr.P.C. before the Principal Judge, Family Court, Jhansi stating that she was married to the revisionist on 04.12.2007. The revisionist and his family members were not satisfied with the dowry and they demanded Rs. 5,00,000/ -(rupees five lacs) as additional dowry. When the opposite party No. 2 was pregnant, her mother -in -law gave her some medicines to abort her child due to which she fell sick. After that the opposite party No. 2 started living with her husband in Bombay where she was medically examined and it revealed that she had one month's dead foetus in her womb. Again when the opposite party No. 2 fell sick on 01.09.2008 her mother came to her home at Bombay. Later on the parents of the revisionist also came to Bombay. The revisionist and his father turned out the opposite party No. 2 from their house. The opposite party No. 2 is dependent on her mother. The revisionist is Software Engineer at Delhi. He earns Rs. 60,000/ -per month. Hence, the opposite party No. 2 has filed application under section 125 Cr.P.C.

(3.) THE opposite party No. 2 examined herself as A.W. -1, whereas the revisionist examined himself as O.P.W. -1 before the learned lower court. After perusing all the evidence on record, the learned lower court awarded maintenance of Rs. 15,000/ -per month to the opposite party No. 2 from the date of order.